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Man arrested for assaulting his ex-partner at her new boyfriend’s house

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ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — A 41-year-old man who is on probation for drug and assault convictions was arrested by police last month on the allegation that he unlawfully entered a house and assaulted his ex-partner who was with her new lover.

However, when police apprehended the defendant, drugs, a gun, ammo and paraphernalia were allegedly discovered on him.

[Samoa News has chosen not to identify the defendant in this case to protect the identity of the assault victim.]

The government charged the defendant in two separate cases.

In the first case, the defendant was charged with one count of 2nd degree assault; one count of 2nd degree burglary (for unlawfully entering someone’s home) and one count of felonious restraint, all class D felonies, punishable by a term of imprisonment of up to 5 years, a fine of up to $5,000 or both, along with one count of pubic peace disturbance, a misdemeanor.

In the second case, the defendant is charged with one count of unlawful possession of methamphetamine; one count of unlawful possession of marijuana, both felonies, punishable by imprisonment of up to 10 years, a fine of up to $20,000 or both; along with unlawful possession of a prohibited weapon and unlawful possession of ammunition, both class A misdemeanors.

The defendant made his initial appearance in court last week. His bail is set at $25,000.

THE ALLEGED DOMESTIC VIOLENCE CASE

According to the government's case, a male called the Tafuna Police Substation (TPS) last month, to report that a man unlawfully entered his apartment early in the morning and allegedly assaulted his girlfriend. His girlfriend was later identified as the defendant’s long time ex-partner, who also is a victim in this case.

The male who called the TPS further stated to police that the man also threatened to kill him, his girlfriend, along with his 13-year-old nephew — by shooting them in the head.

The reporter told police that he’s frightened for himself, his girlfriend and his nephew’s safety.

Several police officers responded to the call and met up with the caller at his home in Vaitogi. Officers observed a machete in front of the door outside of the apartment.

When asked by police, the male who had called for assistance (victim) stated that he was inside the apartment with his nephew and his girlfriend when a man unlawfully entered his apartment through the back door and made his way to the living room where his girlfriend and nephew were playing games — around 5a.m.

He said he was shocked to see the man inside his apartment because he did not invite the man to his apartment nor did he give him permission to come inside his apartment.

The defendant entered the apartment, and apparently while not saying a thing, just walked up to the woman and punched her in the face causing the woman to fall on the floor, bleeding from her mouth. The defendant also kicked the victim on her back while she way on the floor.

The male victim said he jumped in to help her and his nephew, but the man stood up and instructed him to stay away or otherwise he (defendant) would kill him, his girlfriend and his nephew by shooting them before he (defendant) killed himself.

After committing the alleged crime, the defendant jumped into his vehicle and left the area. According to the government’s case, the man went straight to his residence in Leone before heading to Futiga to the house of his ex-partner’s parents.

Police arrived at the male victim’s apartment and interviewed the victim, along with his 13-year-old nephew. The male victim told police that after the defendant assaulted his new girlfriend (victim #2), she left his home and went to her parents’ residence in Futiga.

In the middle of the investigation into the alleged assault, the TPS received a phone call from a woman stating that she was assaulted again by the defendant who came to her parent’s residence in Futiga and she needed police assistance.

The DPS officers who had interviewed the male victim proceeded to answer the call and met up with a woman in front of her parents’ residence. The woman immediately identified herself to police as victim #2 in the case, and she begged officers for help and for someone to remove the defendant from her parent’s residence.

Officers observed blood coming from the woman’s nose and mouth. Officer approached the defendant who was sitting inside the garage and was immediately placed under arrest and transported to the TPS for questioning.

When police asked about the weapon that was used in the alleged assault, the defendant said the machete was still at the male victim’s house where he had first assaulted his ex-partner.

The defendant was taken to the TPS, along with his ex-partner, and the male victim along with his 13-year-old nephew.

The woman told police that it’s been 5 months since she separated from her 9-year long partner due to the abusive behavior but he continues to follow her around and interfere with her life.

She told investigators that she moved into her new boyfriend’s apartment about a week prior and the defendant was not aware of her whereabouts.

Two days before the alleged assault took place, the defendant called her phone multiple times and intructed her to go back to her parent’s house. The defendant also went to her parent’s house and asked her mother to instruct her to come back home or he would do something to her and her new boyfriend.

According to police, the woman said she was "shocked' when she saw the defendant enter the male victim’s home through the back door with a machete in his right hand, and described the defendant’s assault on her, including that while she was on the floor, she felt the defendant’s hands around her neck, "about to strangle her."

She said she tried to sit up but the defendant punched her in the face multiple times and kicked her in the back. The defendant also slammed her head on the cement floor causing a head injury, which needed medical treatment.

When questioned by police, the defendant confirmed that he and his ex-partner have been separated for over 5 months now, however, he has changed his mind and wants to be with her again, but she does not.

The defendant also told police that he and his ex-partner have two children, who are currently residing in Alaska with his long -ime partner’s sister.

On the night of the alleged incident, the defendant called his ex-partner’s phone but a male individual answered the phone and instructed him not to call this number again. He then decided to go to the house of the male individual where his ex-partner was.

When he got there, according to the defendant, he saw his ex-partner sitting in a chair in the living room playing with a young boy. He did not see the male victim. He allegedly admitted to police what he did when he entered the home. After he assaulted his ex-partner, he told her that he would kill her, her boyfriend and the young boy if he comes back to the house. He then left the house and went back to his residence and waited there for over an hour before he headed to his ex-partner’s parents’ residence.

The defendant told police that he was only threatening his ex-partner and her boyfriend but he didn’t mean it. The defendant also allegedly told police that he slapped his ex-partner twice and dragged her outside of the house because he wanted her to come with him.

Police interviewed the male victim regarding the incident. According to the male victim’s statement, the woman (his girlfriend) called him and asked if she could come over and spend the week with him. He agreed and allowed her to stay with him.

According to the victim’s statement, it’s been three months now since he started this relationship with the woman. After the alleged incident, the victim said that this is a warning for him to stop their relationship.

THE DRUG CASE

Before the defendant was taken to the TPS for questioning, police officers conducted a body search, whereupon police discovered a glass pipe containing methamphetamine on him.

Officers also discovered a small baggie inside the defendant’s right pocket containing green leafy substance.

 When asked about the illegal drugs, the defendant stated that he went to his friend’s house in Vaitogi and bought meth and marijuana to help him deal with the situation regarding his relationship with his ex-partner.

The defendant told police that before he went to the victim’s home, he took 4 hits from his glass pipe to make him strong and untouchable by the victim. He said that his plan was to threaten both his ex-partner and her new lover.

According to court records, the defendant is on 5 years probation after being convicted of unlawful possession of marijuana in 2018. As a condition of his 5 years probation, the defendant was sentenced to 20 months at the TCF.